ML20127A393
| ML20127A393 | |
| Person / Time | |
|---|---|
| Issue date: | 12/17/1992 |
| From: | Chilk S NRC OFFICE OF THE SECRETARY (SECY) |
| To: | Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO) |
| References | |
| FRN-58FR6730, REF-10CFR9.7 AE22-1-063, AE22-1-63, NUDOCS 9301110274 | |
| Download: ML20127A393 (8) | |
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December 17, 1992 OFFICE Of THE SECRETARY James M. Taylor MEMORANDUM FOR:
Executive Director fch Operations FROM:
Samuel J.
Chilk, Sec y
SECY-92-380-NOTICEko ? PROPOSED RULEMAKING
SUBJECT:
TO ESTABLISH PROCEDURES AND CRITERIA FOR ON-SITE STORAGE OF LOW-LEVEL RADIOACTIVE WASTE, AFTER JANUARY 1, 1996 The Commission (with all Commissioners agreeing) has approved publication of the proposed rulemaking to amend 10 CFR Parts 30, 40, 50, 70, and 72 to set forth procedures and criteria that would apply to on-site storage of low-level waste beyond January 1,
1996.
The staff should incorporate the changes in the attachment.
The revised federal Reaister notice should be forwarded to the Secretary for publication.
(EDO)
(SECY Suspense:
1/22/93)
Attachment:
As stated cc:
The Chairman Commissioner Rogers Commissioner Curtiss Commissioner Remick Commissioner de Planque OGC OIG Office Directors, Regions, ACRS, ACNW (via E-Mail)
OP, SDBU/CR, ASLBP (via FAX)
SECY NOTE:
THIS SRM, SECY-92-380, AND THE VOTE SHEETS OF ALL COMMISSIONERS WILL BE MADE PUBLICLY AVAILABLE 10 WORKING DAYS FROM THE DATE OF THIS SRM I
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9301110274 921217 PDR 10CFR PT9.7 PDR
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NUCLEAR REGULATORY COMMISSION 10 CFR Parts 30, 40, 50, 70, and 72 RIN 3150-AE22 Procedures and Criteria for On-Site Storage of Low-Level Radioactive Waste AGENCY:
Nuclear Regulatory Commission.
ACTION:
Proposed rule.
SUMMARY
The Nuclear Regulatory Commission proposes to amend its regulations for reactor, material, fuel cycle, and independent spent fuel storage licensees.
The proposed rule would establish a regulatory framework containing the procedures and criteria that would apply to on-site storage of low-level radioactive waste (LLW), beyond January 1, 1996.
The Commission has determined, under the authority _of the Atomic Energy Act of 1954, as amended, that these changes are appropriate because of potential health and safety concerns associated with the
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increased reliance upon on-site storage of LLW.
The proposed rule is intended to support the goals-that have been established by the Low-Level Radioactive Waste Policy Amendments Act of 1985 (Act) and is consistent with the June 19, 1992, United States Supreme Court (Supreme Court) decision, in New York v. United States, bnmen'rs are reguested en ibis pecposed ede. and on strategies aM cghens ib. %e. Ccmmisewn r4 ht purse.,in addition 40 nis 7cc9esed t
3 ru\\t%bg,4d wculd e%uruc Statt and ccmpqts 4o moje erward with
-4 DATE: Comment period expires (60 days after publication).
Comments received after that date will be considered if it is clutbe med e f LLW fac;lities.
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Because new LLW disposal facilities are not expected to be
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operational-by January 1, 1993, and the compact commissions that control the exist'ing LLW disposal sites are expected to either close or set conditions on receiving LLW from outside their regional compacts on January 1, 1993, some licensees who generate LLW may be forced to store their LLW on-site, until disposal capacity is available, unless other arrangements for storage or-.
disposal can be made.
Nearly all the Governors' Certifications submitted to meet the 1990 milestone of the Act indicated that-the State planned on interim storage by waste generators'from 1993 through 1996.
However, many States do expect to.have access to the Barnwell LLW disposal facility from January 1, 1993 through June 30, 1994.
Early in 1990, the Commission directed the NRC staff to provide the Commission with'information on the issues concerning the waste title-transfer and possession provisions set'forth-in the Act, so that the Commission might1 determine _what role, if_any, the NRC should play with regard-to these provisions.
-The-Commission was also. interested in the adequacy of.its existing regulatory framework for implementing'the title-transfer provision.
On September 12, 1990', _the NRC staff 1sent_the Commission.an analysis of the issues associatediwith the waste
-title-transfer-and possession provisions of-the-Act_(SECY 318).
Major issues related to these provisions included States taking possession of commercial LLW after 1993'or-1996, and 5
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.b'e NRC's responsibility to provide for emergency access to i
operating LLW disposal facilities for the LLW it prohibits from on-site storage.
Response.
The NRC is not pursuing a "no on-site storage" option.
The NRC recognizes that some generators will have to store LLW on-site.
The NRC seeks to minimize the amount of LLW placed in storage, by requiring generators to exhaust all other reasonable waste management options.
The guidance governing implementation of the emergency-access provision, of the Act, contained in Information Notice 91-65, " Emergency Access to Low-Level Radioactive Waste Disposal Faci 3ities," will remain in effect.
The NRC does not anticipate any situation where the provisions of this rule, in addition to a lack of access, would create a serious and immediate threat to the public health and safety or common defense and security, thereby requiring emergency access.
Comment.
A more immediate concern, directly related to the storage of waste, is the authority of a generator to accept its processed waste after this waste has been sent off-site for treatment, r~ Bescense.
The NRC has-initiated a rulemaking to allow nuclear power reactor licensees to receive back LLW after off-site treatment.
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Comment.
Any rulemaking on this issue must incorporate maximum flexibility, consistent with the protection of the.public health
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frustrated.
Therefore, the amendments' contained in this proposed rule would be a matter of compatibility for NRC Agreement States.
- The additional -license conditions ' for LLW on-site storage, after January 1, 1996, in 10 CFR 30.34, 40.41, and 70.32, are considered to be Division 2 categories of compatibility.
Although Agreement States must adopt Division 2 rules in their regulations, the use of language identical to that in NRC rules is not necessary, provided that the underlying principles are the same.
The Agreement States may adopt more restrictive requirements.
The Commission is currently considering a re-evaluation of its compatibility policy and may decide to revise its general requirements regarding compatibility for the Agreement States.
The Commission's compatibility determination, on this proposed vya,9 rule,awouldlbe re-examined in light of any change to the general.
b policy.
Discussion of proposed Revisions
.The proposed rule would establish procedures'and criteria, for on-site storage of LLW, that would apply to all categories of LLW generators.
On-site storage of LLW would.not be permitted after January 1, 1996 (other than reasonable'short-term-storage necessary for decay, or for collection or consolidation _for shipment;off-site, in the case where the licensee has access to 19
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In S40.41, paragraph (h) is added.to read as follows:
540.41 Terms and conditions of licensgs.
(h)
The following conditions are contained in every license issued under the regulations in this part.
(1)
Low-level radioactive vaste (LLW) may be stored on-site, provided it is authorized under existing conditions of the license, and storage is consistent with existing authorities and procedures, and all relevant licensing and regulatory I
requirements applicable to on-site storage.
'LLW may not be stored ~on-site by'the generator beyond January 1, 1996, except as specified in paragraph (h)(2) of this section.
(2)
For on-site storage of LLW beyond January 1, 1996 l
(other than reasonable short-term storage necessary:for' decay or i
for collection or consolidation for shipment off-site, in.the case where the licensee has access to an operating LLW disposal facility), the licensee shall document that it has-exhausted other reasonable waste management options which would include-l taking all reasonable steps to contract, either directly or 7
through the State, for disposal of LLW.
L (3)
The licensee shall retain all relevant documentation =
regarding the actions taken pursuant to paragraphf (h) (2) of this section, for at least three years, and shall make the 34 l
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procedures,-and all relevant licensing and regulatory requirements applicable to on-site storage. LLW may not be stored on-site by the generator beyond January 1, 1996, except as specified in paragraph (1) (2) of this section.
(2)
For on-site storage of LLW beyond January 1, 1996 (other than reasonable short-term storage necessary for decay or for collection or consolidation for shipment off-site, in the case where the licensco has access to an operating LLW disposal facility), the licensee st all document that it has exhausted-other reasonable waste management options which would include taking all reasonable steps to contract, either directly or through the State, for disposal of LLW.
(3)
The licensee shall retain all relevant-documentation regarding the actions taken pursuant to paragraph (1) (2) of this section, for at least three years, and shall make the documentation available for liRC inspection.
PART 72 - LICEllSIllG REQUIREMEliTS FOR IllDEPEllDEllT STORAGE OF SPE!!T NUCLEAR FUEL AllD llIGil-LEVEL RADIOACTIVE WASTE 10.
The authority citation for Part 72 is revised to read as follows:
Authority: Secs. 51, 5 3,. 5 7,- 62, 63, 65, 69, 81, 161, 182, 183, 184, 186,-187, 189, 68 Stat. 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended,-sec. 234, 83 Stat.- 444, as 40 l rpusuh ll mum M.namam men.
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In S72.44, paragrap!
(h) is added to read as follows:
572.44 License conditions.
(h)
The following conditions are contained in every license issued under the regulations in this part:
(1)
Low-level radioactive waste (LLW) may be stored on-site, provided it is authorized under existing conditions of the license, and storage is consistent with existing authorities and procedures, and all relevant licensing and regulatory requirementq applicable to on-site storage.
LLW may not be stored on-site by the generator beyond January 1, 1996, except as specified in paragraph (h)(2) of this section.
(2)
For on-site storage of LLW beyond January 1, 1996 (other than reasonable short-term storage necessary for decay or for collection or consolidation for shipment off-site in the case where the licensee has access to an operating LLW disposal facility),
the licensee shall document that it has exhausted other reasonable waste management options which would include taking all reasonable steps to contract, either directly or through the state, for disposal of the LLW.
(3)
The licensee shall retain all relevant documentation regardingtheactionstakenpursuanttoparagraphj (h)(2) of this section, for at least three years, and shall make the 43
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